DOGE, OPM Renew Motion to Dismiss Privacy Act Violation Case
The Department of Government Efficiency (DOGE) and the Office of Personnel Management (OPM) doubled down Monday when they filed a memorandum supporting their motion to dismiss a case alleging DOGE accessed sensitive personal data from OPM in violation of the 1974 Privacy Act. The departments argue that the plaintiffs -- current and former federal employees -- failed to state claims under the Privacy Act and lack standing, among other issues.
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"Rather than concede the obvious errors in their Complaint and inform the Court that they intend to amend, Plaintiffs instead have doubled down on their demonstrably false allegations and sought to correct certain of the Complaint’s deficiencies by amending it through their Opposition," they said in their renewed motion. "At the outset, the Complaint is devoid of any nonconclusory allegation that 'DOGE agents' actually reviewed any of Plaintiffs’ sensitive personal data. As a result, Plaintiffs lack Article III standing," the memorandum argued.
"Even if they had standing to sue, Plaintiffs’ Privacy Act claims must be dismissed -- as they now concede they are not seeking damages, and general injunctive relief is unavailable under the Privacy Act to prevent an agency from granting individuals access to its records systems," it added.
DOGE and OPM asked the court to dismiss the suit on March 17 (see 2503170044), which the plaintiffs opposed on March 24 (see 2503250042). Case 25-01237 began Feb. 11 when the plaintiffs filed a complaint against OPM and DOGE in the U.S. District Court for Southern New York, alleging they failed to protect the security of records loaded with sensitive personal information.
Also on Monday, the plaintiffs and the defendants filed letters to Judge Denise Cote, requesting the parties meet, confer and submit a proposed briefing schedule.